LAKEPORT >> The City of Clearlake is being sued by the Koi Nation of Northern California which has filed a writ in Lake County superior court on June 14, 2024 but received by the city on July 3, 2024.
The Koi Nation contends the city has violated their obligations under the California Environmental Quality Act (CEQA) because of its proposed Arrowhead to Burns Valley Road Rehabilitation and Burns Valley Sports Complex, among other projects planned near to Tribal Community lands.
Yet the Clearlake City Manager expressed doubt if the case has legal merit. " I don't know when the issue will go to court at this point," Alan Flora said in an email message. "I have attached a copy of the lawsuit for your information. It may also be helpful for you to see a letter our attorney sent to the tribe regarding the lawsuit and its frivolity."
According to the document sent to the City of Clearlake, the Writ of Mandate and Complaint for Mandatory Relief, the Koi Nation seeks to compel defendants, city of Clearlake and City Council of Clearlake to comply with their obligations under the California Environmental Quality Act (CEQA) Guidelines California Code of Regulations, Title 14, section 15000.
The Koi Nation further contends, the city is proceeding with this and other rehabilitation projects, by improperly filing for CEQA exemption status, prior to the project's actual approval. As a result, the city improperly failed (Koi alleges) analyzing, disclosing and to mitigate the significant adverse environmental impacts associated with the city's development plans.
Also, Koi Nation maintains, construction significantly impacts Tribal Cultural Resources (TCR'c) and irreparably harms the Koi Nation, its ancestors and its cultural artifacts and it harms archeological, historic resources, which are potentially eligible for the California Register of Historic Resources Register. In addition, William Chisum, attorney for the Koi Nation, addressed a letter to city of Clearlake, in which Chisum asserted several inappropriate actions on the part of the city.
Chisum maintained, the Koi lawsuit will be based on the City's failure to conduct an appropriate environmental review under CEQA, including but not limited to issuance of a Notice of Exemption, contrary to the requirement of CEQA, applicable CEQA regulations and the City's own guidelines, after receiving evidence of substantial impacts to tribal cultural resources and before approving the project.
However, as the Koi Nation writ, points out, the City's Cultural Resources Report regarding the development projects were authored by Dr. Greg White, of the Sub-terra Heritage Resource investigations. White's report maintained a buried prehistoric Native American site is recorded in the California Historic Resources Information System (CHRIS). Dr. White identified Site CCL-21-01 as underlying the Burns Valley Sports Complex site. White explained the site was first identified during extended Phase I investigations of the Oak Valley Villas development project, located on the west side of Burns Valley Road.
The report went on that subsurface trench excavation to house underground utilities and drainage features, will probably impact intact archeological deposits thus representing a significant adverse effect. The Koi writ also alleged the project work will include open channel work on Huntington Ave. and the drainage channel maintenance is parallel to Huntington Ave. But there is no evidence the city analyzed Huntington Ave. or potential TCR.
Tuesday, July 23, 2024
Contact: (916) 210-6000, agpressoffice@doj.ca.gov
OAKLAND – California Attorney General Rob Bonta filed an amicus brief with the California Court of Appeal, First Appellate District, in support of Appellant the Koi Nation in Koi Nation v. Clearlake. Last year, the Koi Nation sued the City of Clearlake, contending that the site of a proposed hotel contains tribal cultural resources and that the City did not adequately conduct consultation with the Koi Nation or consider the project's impacts on tribal cultural resources, in violation of the California Environmental Quality Act (CEQA), including tribal consultation requirements added to CEQA by Assembly Bill 52 (AB 52). The trial court ruled against the Koi Nation, finding that the Koi Nation failed to properly request consultation and that the City met its CEQA obligations.
"Preserving tribal cultural resources is critically important in the Clearlake area where Native American tribes call home," said Attorney General Bonta. "With today's amicus brief, we urge the Court not to impose additional barriers to tribes seeking consultation that do not exist and are inconsistent with AB 52."
"The Koi Nation feels it's our sacred duty to protect the ancestors without voices and funerary objects associated within the region dating back 20,000 years," the Koi Nation Tribal Council stated. "We feel AB 52 was created to assist in these endeavors and when the law isn't being followed we must allow the voices of the ancestors to be heard. It's with deep gratitude that our efforts are supported by Attorney General Bonta and the AG's office on this historic case."
In October 2023, the Attorney General filed an amicus brief in the trial court in support of the Koi Nation, contending that the City of Clearlake did not adequately conduct consultation with the Koi Nation or consider impacts on tribal cultural resources in its approval of a proposed 75-room hotel development, known as the Airport Hotel and 18th Avenue Extension.
In the amicus brief, Attorney General Bonta highlights the importance of AB 52 to the protection of tribal cultural resources. The brief argues that:
Courts should not impose additional barriers to AB 52 requirements for tribes to request consultation. Consistent with the Legislature's intent in adopting AB 52, courts should consider whether tribes substantially complied with the statutory requirements on tribes wishing to consult on a CEQA project.
CEQA requires lead agencies to consider the significance of a resource to tribes when it determines whether a resource is a "tribal cultural resource" under the law. The City of Clearlake failed to comply with this important legal mandate.
After a lead agency identifies a resource as a tribal cultural resource, CEQA requires the lead agency to consider tribal expertise and input when evaluating whether a project would have significant impacts on the resource. Because the City of Clearlake relied solely on an archaeology study to identify tribal cultural resources and impacts to those resources, the City did not comply with CEQA.
No comments:
Post a Comment